Legal Studies Commons^™

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.

Uncleared Homicides: A Canada/United States Comparison, Wendy C. Regoeczi, Leslie W. Kennedy, Robert A. Silverman

Sociology & Criminology Faculty Publications

Beginning in the 1960s, there has been a marked decline in clearance rates of homicides, a finding that has generated little interest among criminological researchers. This article presents a comparative analysis of homicide clearance in Canada and the United States using data generated by the Canadian Centre of Justice Statistics and the U.S. Federal Bureau of Investigation's Supplementary Homicide Reports. Using logistic regression, homicide clearance is predicted on the basis of specific victim and offense characteristics for cases in Canada versus the United States and in Ontario versus New York State. The results indicate that the model is a good …

Law Enforcement Professionalization: The Accreditation Of Law Enforcement, Angel D. Geoghagan

Masters Theses and Doctoral Dissertations

Rapid social change has led many law enforcement agencies to explore various options that would serve to enhance service delivery, department credibility within communities, and overall professionalism. From a historical perspective, professionalism has been an elusive state for law enforcement agencies ever since the inception of the first police department. A search for such professionalism has taken a turn toward accreditation. Accreditation for law enforcement was studied to determine if the process enhanced the perceived level of credibility and professionalism enjoyed by police departments in the southeastern states of Alabama, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee. Three hundred …

An Analysis Of The Socio-Economic Impact Of Casino Gambling In Mesquite, Nevada, And Its Implications For Public Policy, Janice K. Herfeld

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study is a preliminary analysis of the socio-economic impact of casino gaming in Mesquite, Nevada. Mesquite is being studied from this perspective in order to provide policymakers with information that will aid in the determination of public policy relevant to and in conjunction with casino gaming activity. A combination of site visits to the area and interviews with casino executive personnel and relevant law enforcement was conducted for the purposes of gathering information for this study. Three police departments (Mesquite, Nevada, Cedar City, Utah and St. George, Utah) were interviewed to determine the crime rate in jurisdiction. Relevant data …

Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Enjoy The Donut: A Regulatory Response To The White Paper On Preventing Invasion Of The Great Lakes By Exotic Species, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The adverse economic and environmental consequences associated with the invasion and establishment of exotic species have raised significant concerns among the Great Lakes community. In September 1999, the International Joint Commission (IJC) hosted a workshop on exotic policy, drawing upon the expertise of biologists, lawyers and public officials, to consider means of preventing exotic species invasions. The White Paper on Policies for the Prevention of the Invasion of the Great Lakes by Exotic Organisms served as the centerpiece for discussion at the workshop.

The White Paper concludes that economic initiatives, such as subsidies or taxation, would be the most viable …

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson

Brigham Young University Journal of Public Law

No abstract provided.

The Dead End Of Deterrence, And Beyond, Kyron Huigens

William & Mary Law Review

No abstract provided.

Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

States, Provinces, And Cross-Border International Trade, Matthew Schaefer

Nebraska College of Law: Faculty Publications

When I visited here in 1997, I talked about the need to bind sub-federal actors like states and provinces to international obligations.1 States and provinces are large economic actors. If you took a list of the largest nations and then compared state and provincial Gross National Products (GNPs) with those, you would find that there were more than thirty states that would rank in the top fifty nations in terms of GNP. You will probably find at least two, three, or four provinces that would rank in the top fifty as well. So it is clear for economic welfare reasons …

The Individual Responsibility Model Of Retirement Plans Today: Conforming Erisa Policy To Reality, Colleen E. Medill

Nebraska College of Law: Faculty Publications

Federal retirement policy today presents a significant regulatory paradox. Numerous studies have shown that participants in retirement savings plans need retirement planning education and investment advice. Yet they receive materials that are either too basic for participants who are financially sophisticated or too sophisticated for participants who are financially illiterate. Most participants do not receive professional investment advice before they direct the investment of their retirements savings. Why? This situation is the result of regulations and rulings issued by the Department of Labor, the federal agency that interprets and enforces the Employee Retirement Income Security Act of 1974 ("ERISA").

The …

Expanding The Non-Transactional Revolution: A New Approach To Securities Registration Exemptions, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Federal securities law is in the midst of a revolution. Since 1933, the registration of securities offerings under the Securities Act of 19331 (the "Securities Act") and the exemptions from the registration requirement have rested on the elusive concept of "transaction." The transactional system has three foundational elements: (1) current registration of discrete offerings-- the idea that an issuer may register only discrete offerings of securities planned to be sold in the immediate future; (2) resale restrictions arising out of the underwriter concept-- the idea that securities acquired in an exempted offering are not freely resalable; and (3) …

Multiple Personality Disorder, Accountable Agency, And Criminal Acts, Robert F. Schopp

Nebraska College of Law: Faculty Publications

Smedley Wormwood is an accountant who is indicted for embezzling funds from the company for which he works. He generally presents an impression of an unobtrusive, conventional, compliant, "vanilla" individual. When his lawyer interviews him about the charges, Smedley seems innocent, frightened, and bewildered. In discussing the details of events around the time of the alleged crime, Smedley becomes somewhat vague and then admits to some lapses in recall. Smedley then startles the lawyer by apparently undergoing a marked change in attitude, tone of voice, and apparent self-identity. The lawyer realizes that she is now discussing the crime with a …

Parental Opt-Outs In Nebraska Schools: Respecting Freedom Of Thought, Parental Rights, And Religious Pluralism, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Suppose a public school requires all students in a certain grade to read a particular book or take part in a particular lesson that some parents object to on the basis of religious or other conscientious grounds. Should the school excuse the children of objecting parents from the required readings or lessons? Must the school grant the requested opt-out accommodation?

I believe the answer to the first question, which is a public policy issue, is that there are many good reasons for public schools to be liberal in accommodating religious and conscientious objections to required curricular materials and lessons. I …

Commuters And City Crime Rates, Colin Leslie Adkins

Theses Digitization Project

No abstract provided.

Evaluation Of The Operation New Hope Alternative School And Lifestyle Improvement Program For At-Risk Juveniles, Matthew Ashley Robby

Theses Digitization Project

No abstract provided.

Banning Correctional Facility: Residential Substance Abuse Treatment Program Process Survey, Melinda Deann Hulvey

Theses Digitization Project

The purpose of this study is to examine more closely those program components which facilitate dissonance, disharmony, and ambiguity among the keygroups of a residential substance abuse treatment program.

Perceived Risk Of Aids Among Prisoners Following Educational Intervention, Angela D. Crews, Randy Martin

Criminal Justice Faculty Research

A pre/post quasi-experimental design was used to assess the impact of one state's AIDS education program on male (N = 75) and female (N= 65) inmates' perceived risk of HIV infection on the street and in prison. Post-test only comparison groups of male and female inmates were evaluated to control for the threat of testing. T-tests for paired samples were used to determine whether any significant changes occurred within groups (male & female), and t-tests for independent samples were used between groups to determine whether males or females experienced the greatest magnitude of change. Multiple regression analyses explored the …

Adapting Violence Rehabilitation Programs For The Australian Aboriginal Offender, Peter Mals, Kevin Howells, Andrew Day, Guy Hall

Aboriginal Policy Research Consortium International (APRCi)

In this paper the authors address the question of how treatment and rehabilitation programs for violent offenders might be modified to more appropriately meet the needs of different cultural groups and improve treatment responsivity. The focus of the paper is on the needs of Aboriginal violent offenders in an Australian context, although the themes have relevance to treatment programs internationally. Two broad sources of information are used: the published literature relating to violent offending in Aboriginal people in Australia, and a small-scale interview-based qualitative survey of service providers with particular experience in this area. The evidence suggests there may be …

The Devil, The Details, And The Dawn Of The 21st-Century Administrative State: Beyond The New Deal, Sandi Zellmer

Nebraska College of Law: Faculty Publications

More than half a century has passed since the New Deal, the era known for ushering in the modem administrative state, where broad-sweeping regulatory powers were delegated to over a dozen new executive agencies pursuant to a raft of social legislation. Until the later years of the New Deal, courts were highly suspicious of socially progressive legislation, and, for that matter, any legislation that upset common law systems supporting private property rights and freedom of contract. Regulatory enactments were especially vulnerable to invalidation for delegating policy-making authority to an executive agency or other non-legislative entity. Such delegations were considered a …

The Virtues Of "Command And Control" Regulation: Barring Exotic Species From Aquatic Ecosystems, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The Clean Water Act asserts the ambitious goal of eliminating water pollution and protecting the chemical, physical, and biological integrity of U.S. waters. Yet the EPA, in enforcing the Act, currently exempts from regulation a significant source of pollution in U.S. waters: ballast-water discharges from commercial shipping vessels. Ballast water from commercial vessels is a primary vector for the introduction of exotic plant and animal species into U.S. waters. The invasion of these species poses an increasing threat to native biodiversity; the invaders prey directly on native fish and wildlife, compete for food and habitat, and introduce disease and parasites …

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandi Zellmer

Nebraska College of Law: Faculty Publications

American Indian nations successfully manage habitat for wildlife species on reservation lands through tribal law and through traditional cultural practices. Beyond reservation boundaries, many tribes are involved in managing wildlife habitat through cooperative management agreements with federal and state agencies. Tribes do this because wildlife is important to them for cultural, economic and religious reasons, not because they are required to do so by the Endangered Species Act (ESA), 16 U.S.C. $§ 1531-1544. Nevertheless, the ESA looms over Indian Country like the sword of Damocles: While the Act contributes to the conservation of tribal wildlife resources by imposing federal penalties …

Social Structure And Deviance, Gordon A. Crews

Criminal Justice Faculty Publications

No abstract provided.

Costing Child Protective Services Staff Turnover, Michelle Graef, Erick L. Hill

Center on Children, Families, and the Law: Faculty Publications

This article details the process used in one state to determine the financial costs to the child welfare agency accrued over the course of one year that were directly attributable to CPS staff turnover. The formulas and process for calculating specific cost elements due to separation, replacement and training are provided. The practical considerations inherent in this type of analysis are highlighted, as well as the use of this type of data to inform agency human resource strategies.

Public Law 280 And The Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made Into A Right, Daniel Twetten

Journal of Criminal Law and Criminology

No abstract provided.

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

Theory Minimalism, Stanley Fish

San Diego Law Review

We must begin with a sense of what theory is, and I shall derive mine from a question Herbert Wechsler often put to his students. "Ask yourself," he would say, "'Would I reach the same result if the substantive interests were otherwise?"" The challenge of the question is to the student who has determined where the right lies in a disputed matter, and who now must demonstrate that, even if every circumstantial particular of the case were varied-if the plaintiff were a woman instead of a man, if the object of hate speech was a descendant of someone who came …

Theory's A What Comes Natcherly, Larry Alexander

San Diego Law Review

So what kind of theorizing do we do in law? First, we do empirical, predictive theorizing. We form hypotheses about how the world will be affected by various rules of law, because of their content and form, and by the design of our legal institutions. These hypotheses can be confirmed or falsified. We also form hypotheses about how particular judges will decide future cases, or how legislatures and agencies will react to various proposals. When we do legal history, we reason backwards from effects and form hypotheses about their causes. The second type of theorizing we do is normative. In …

Deontology At The Threshold, Larry Alexander

San Diego Law Review

In his 1989 law review article, Torture and the Balance of Evils,' later republished as Chapter Seventeen in Placing Blame, Michael Moore declares himself to be a "threshold deontologist." What he means is this: There are some acts that are morally wrong despite producing a net positive balance of consequences; but if the positive balance of consequences becomes sufficiently great-especially if it does so by averting horrible consequences as opposed to merely making people quite well off-then one is morally permitted, and perhaps required, to engage in those acts that are otherwise morally prohibited. Thus, one may not kill or …